Terms, Conditions, and Privacy Policy

This document serves as the over-arching Terms and Conditions for use and perusal of all websites and online material provided or published by Novelty Factor LLC and said LLC’s subsidiaries or alternate business names. This document also provides the over-arching Privacy Policy for use and perusal of all websites and online material provided by said LLC, it’s subsidiaries and alternate business names.

Novelty Factor LLC is a Limited Liability Company formed in the State of Colorado in the United States of America. It is a private company and operates as such. On every site administered by Novelty Factor LLC there are links and notices relating to the use of cookies and the agreements to this document in relation to terms and conditions of use as well as user privacy policies.

Novelty Factor LLC currently administers and is responsible for the following online websites and materials (in alphabetical order):

On each of these sites (indicated as Website), the user is notified of the use of cookies, and the existence of this document. Please note that unless specified otherwise, as stated below none of these online services are meant to be a public forum and are heavily moderated to the best of our abilities. Following are the terms, conditions, privacy, and other policies that govern these online materials:


Terms And Conditions

These are the legal Terms and Conditions which users agree to abide by through continued use of any and all online sites and materials listed above:

Table Of Contents

  1. Introduction
  2. Credit
  3. Copyright Notice
  4. License To Use Website
  5. Acceptable Use
  6. Registration And Accounts
  7. User Login Details
  8. Cancellation And Suspension Of Account
  9. Your Content’s License
  10. Rules Governing Your Content
  11. Limited Warranties
  12. Limitations And Exclusions Of Liability
  13. Breaches Of These Terms And Conditions
  14. Variation
  15. Assignment
  16. Severability
  17. Third-Party Rights
  18. Entire Agreement
  19. Law And Jurisdiction
  20. Statutory And Regulatory Disclosures
  21. Our Details

1. Introduction

1.1 These terms and conditions shall govern your use of our Website.

1.2 By using our Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

1.3 If you register with our Website, submit any material to our Website, or use any of our Website services, we will ask you to expressly agree to these terms and conditions. Otherwise, we give notice on the Website to the existence and implicit agreement with this document by continued use of the Website.

1.4 For those Websites listed above not intended for adults you must be at least thirteen years of age to use our Website; by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least thirteen years of age. For Websites intended for adults (aliveobjects.com, chymaericon.com, murrsuits.com, and satyrotica.com) you must be at least eighteen years of age to use our Website; by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least eighteen years of age.

1.5 Our website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://www.contractology.com).

3.1 Copyright (c) 2019 Novelty Factor LLC as well as other specified copyright holders on the Website.

3.2 Subject to the express provisions of these terms and conditions:

(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the original material on our Website; and

(b) All the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c) For all other material not originating from the Website please see Your Content’s License and Rules Governing Your Content

3.3 We take the protection of our copyright very seriously; thus

3.4 If we discover that you have used our copyright materials in contravention of the license set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

3.5 You may request permission to use the copyright materials on our Website by writing to us via our contact form (below) or post, using the contact details published on the Website and/or this document.

4. License To Use Website

4.1 You may:

(a) View pages from our Website in a web browser;

(b) Download pages from our Website for caching in a web browser;

(c) Print pages from our website;

(d) Stream audio and video files from our Website; and

(e) Use our Website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer unless otherwise specified.

4.3 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website unless otherwise specified.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) Republish material from our Website (including republication on another website);

(b) Sell, rent or sub-license material from our Website;

(c) Show any material from our Website in public;

(d) Exploit material from our Website for a commercial purpose; or

(e) Redistribute material from our Website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter (as indicated) in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

5. Acceptable Use

5.1 You must not:

(a) Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(b) Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity (including stalking, harassing, and threatening another person or institution);

(c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website without our express written consent;

(e) Access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) Violate the directives set out in the robots.txt file for our Website; or

(g) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).

5.2 You must not use data collected from our Website to contact individuals, companies or other persons or entities unless otherwise indicated.

5.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading (most meaningfully that it does not meet the requirement for libel or slander).

6. Registration And Accounts

6.1 To be eligible for an account on our Website under this Section 6, you must be either thirteen years of age or eighteen years of age as outlined in 1.4 (Introduction) You must also be able to sign up for an account on the Website, as some Website’s do not have account registration.

6.2 You may register for an account with some of the Websites by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you (or verify your account through any other means).

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person’s account to access the website.

7. User Login Details

7.1 If you register for an account with our Website, we will provide you with or you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person, brand, trademark, or organization.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

8. Cancellation And Suspension Of Account

8.1 We may:

(a) Suspend your account;

(b) Cancel your account; and/or

(c) Edit your account details,

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our Website by either contacting us in writing or by using the account management tools available on the Website to do so.

9. Your Content’s License

9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store (and, with your specific consent, publish) your content on and in relation to this website.

9.3 You grant us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our Website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Rules Governing Your Content

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions must not (at the Website operator’s sole discretion):

(a) Be libelous or maliciously false;

(b) Be obscene or indecent;

(c) Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) Infringe any right of confidence, right of privacy or right under data protection legislation;

(e) Constitute negligent advice or contain any negligent statement;

(f) Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) Be in contempt of any court, or in breach of any court order;

(h) Be in breach of pertinent racial or religious hatred or discrimination legislation;

(i) Be blasphemous;

(j) Be in breach of official secrets legislation;

(k) Be in breach of any contractual obligation owed to any person;

(l) Depict violence in an obscenely explicit, graphic or gratuitous manner unless otherwise specified;

(m) Be pornographic, lewd, suggestive or sexually explicit unless otherwise specified;

(n) Be untrue, false, inaccurate or misleading;

(o) Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) Constitute spam;

(q) Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) Cause palpable annoyance, extreme inconvenience or needless anxiety resulting in damages to any person;

All of these stipulations are decided and determined at the Website operator’s (Novelty Factor LLC et al) discretion and may be overridden at any time per their discretion.

11. Limited Warranties

11.1 We do not warrant or represent:

(a) The completeness or accuracy of the information published on our Website;

(b) That the material on the Website is up to date; or

(c) That the Website or any service on the Website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

12. Limitations And Exclusions Of Liability

12.1 Nothing in these terms and conditions will:

(a) Limit or exclude any liability for death or personal injury resulting from negligence;

(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) Limit any liabilities in any way that is not permitted under applicable law; or

(d) Exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) Are subject to Section 12.1; and

(b) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches Of These Terms And Conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) Send you one or more formal warnings;

(b) Temporarily suspend your access to our website;

(c) Permanently prohibit you from accessing our website;

(d) Block computers using your IP address from accessing our website;

(e) Contact any or all of your internet service providers and request that they block your access to our website;

(f) Commence legal action against you, whether for breach of contract or otherwise; and/or

(g) Suspend or delete your account on our website.

All of these actions can and will be taken at the sole discretion of the Website’s operator (Novelty Factor LLC et al)

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. It is in our best interest to publish notifications of changes to this agreement and will strive to reasonably do so. If you do not agree with any of our terms and conditions at any time you must stop using our Website.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third-Party Rights

17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire Agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law And Jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Laramie County, Colorado, United States of America.

20. Statutory And Regulatory Disclosures

20.1 Novelty Factor LLC is registered in the state of Colorado as a Limited Liability Company. There are no other professional associations or regulatory disclosures necessary as we are not a member of any further professional organizations.

21. Our Details

21.1 This Website, and all sites listed at the top of this page, is/are owned and operated by Novelty Factor LLC.

21.2 We are registered in Fort Collins, Laramie County, Colorado, United State of America as a Limited Liability Company, and our registered office is at 155 E. Boardwalk Dr. #471, Fort Collins, CO 80525, United States.

21.4 You can contact us:

(a) By post, to the postal address given above;

(b) Using our Website contact form at https://noveltyfactor.com/contact/;


Privacy Policy

As a preamble to our Privacy Policy, we note in good faith that Novelty Factor LLC strives to be in compliance with all privacy regulations required of it while operating the Website. We commit to taking whatever actions necessary to achieve compliance if anything is found to be insufficient. It is not the company’s intentions, nor any of the officers, to be in breach of any privacy laws and regulations and we hope in honor of this commitment that opportunities will be given to rectify any error or issue in the processing of user data.

Table Of Contents

  1. Introduction
  2. Credit
  3. How We Use Your Personal Data
  4. Providing Your Personal Data To Others
  5. International Transfers Of Your Personal Data
  6. Retaining And Deleting Personal Data
  7. Amendments
  8. Your Rights
  9. About Cookies
  10. Cookies That We Use
  11. Cookies Used By Our Service Providers
  12. Managing Cookies
  13. Our Details
  14. Data Protection Officer

1. Introduction

1.1 We are committed to safeguarding the privacy of our Website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our Website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We use cookies on our Website. Insofar as those cookies are not strictly necessary for the provision of our Website and services, we will notify you of our use of cookies and this document when you first visit our Website.

1.4 Our Website incorporates privacy controls, where appropriate, which affect how we will process your personal data. By using these privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. For any Website where privacy controls are appropriate, you can find access information for the privacy controls via the online help documentation for the Website.

1.5 In this policy, “we”, “us” and “our” refer to Novelty Factor LLC. For more information about us, see Section 13.

1.6 Pages on the Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://www.contractology.com/website-privacy-policy.html).

3. How We Use Your Personal Data

3.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

3.1.1 We collect in relation to our Websites and our business the following information (your personal data) as elaborated upon below:

  • Usage Data
  • Account Data
  • Profile Data
  • Service Data
  • Publication Data
  • Enquiry Data
  • Customer Relationship Data
  • Transaction Data
  • Notification Data
  • Correspondence Data

3.2 We may process data about your use of our Website and services (“usage data“). The usage data may include your IP address, geographical location, browser type, and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system (including, not exclusively, Automattic Jetpack statistics and Google Analytics). This usage data may be processed for the purposes of analyzing the use of the Website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our Website and services.

3.3 We may process your account data (“account data“). This is data associated with any kind of account, such as a user account, on our Website. The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our Website, providing our services, ensuring the security of our Website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent to the performance of a contract (the Terms And Conditions) between you and us and/or taking steps, at your request, to enter into such a contract.

3.4 We may process your information included in your personal profile on our Website (“profile data“). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, employment details, and any other information entered into the Website profile. The profile data may be processed for the purposes of enabling and monitoring your use of our Website and services. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our Website and business.

3.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include all network communication including API requests, logs of your usage, data submitted to the service, and any other information pertinent to the analysis of the service’s performance. The source of the service data is you. The service data may be processed for the purposes of operating our Website, providing our services, ensuring the security of our Website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent to the performance of a contract (the Terms And Conditions) between you and us and/or taking steps, at your request, to enter into such a contract.

3.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our Website and services. The legal basis for this processing is our legitimate interests, namely the proper administration (particularly in limiting liability and risk) of our Website and business.

3.6.1 When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

3.6.2 If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.8 We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

3.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our Website (“transaction data“). The transaction data may include your contact details, your payment method (card) details and the transaction details. The source of the transaction data is you and/or our payment services provider. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our Website and business.

3.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.11 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website and business and communications with users.

3.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.14 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.15 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.16 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4. Providing Your Personal Data To Others

4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies and their properties can be found at the beginning of https://noveltyfactor.com/terms-conditions-privacy-policy/.

4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.3 We may disclose Usage Data to Automattic and/or Google for purposes of Website analytics and marketing.

4.4 Financial transactions relating to our website and services are handled by our payment services provider for the Website. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices in the documentation provided at a particular Website.

4.5 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our Website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International Transfers Of Your Personal Data

5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the United States.

5.2 Novelty Factor LLC and its parents, holders, and subsidiaries currently do not have offices nor facilities outside of the United States of America and thus do not transfer any of your personal data outside of the country for the purposes of business communications or coordination.

5.3 The hosting facilities for our website are situated in the United States of America and thus any data transfer over country borders occurs by the consent and request of the user accesing the Website. Transfers to any other country will be protected by appropriate safeguards, namely the use of standard data protection clauses as put forth by international authorities.

5.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6. Retaining And Deleting Personal Data

6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3 We will retain your personal data as follows:

(a) Your personal data excluding Publication Data, Profile Data, and Account Data will be retained for a minimum period of 1 year following submission, and for a maximum period of 5 years following the closure and permanent inoperation of the Website.

(b) Your Publication Data, Profile Data, and Account Data will be retained for the lifespan of the Website (operating and accessible) and in private archive until the full deletion of the Website records.

6.4 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1 We may update this policy from time to time by publishing a new version on our Website.

7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3 We may notify you of significant changes to this policy by email, through the private messaging system on our website, or other global Website notification/announcement. It is in our best interest to publish and notify users of changes to this policy, but notifications are not explicitly required in this policy.

8. Your Rights

8.1 In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2 Your principal rights under general data protection laws are:

(a) The right to access;

(b) The right to rectification;

(c) The right to erasure;

(d) The right to restrict processing;

(e) The right to object to processing;

(f) The right to data portability;

(g) The right to complain to a supervisory authority; and

(h) The right to withdraw consent.

8.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting the pertinent URL supplied in the Website documentation where appropriate while logged into our website. If no URL is provided there is insufficient personal data to be accessed in such a manner.

8.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

8.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

8.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10 To the extent that the legal basis for our processing of your personal data is:

(a) Consent; or

(b) That the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

And such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the (EU) member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13 You may exercise any of your rights in relation to your personal data by written notice to us (via post or our online contact form), in addition to the other methods specified in this Section 8.

9. About Cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies That We Use

10.1 We use cookies for the following purposes:

(a) Authentication – we use cookies to identify you when you visit our website and as you navigate our website;

(b) Status – we use cookies to help us to determine if you are logged into our website;

(c) Personalization – we use cookies to store information about your preferences and to personalize the website for you;

(d) Security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(e) Advertising – we use cookies to help us to display advertisements that will be relevant to you;

(f) Analysis – we use cookies to help us to analyze the use and performance of our website and services; and

(g) Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

11. Cookies Used By Our Service Providers

11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2 We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at https://policies.google.com/privacy.

11.3 We use Automattic Inc’s WordPress plugin Jetpack on our Website to serve files, receive comments/feedback, and track Website traffic. This service uses cookies for fulfilling these services. You can view the privacy policy of this service provider at https://jetpack.com/support/privacy/, https://automattic.com/privacy-notice/, and https://automattic.com/privacy/. There is also a Jetpack dedicated section for privacy policies at https://noveltyfactor.com/terms-conditions-privacy-policy/ (this page).

12. Managing Cookies

12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647 (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) https://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/kb/PH21411 (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2 Please note that blocking all cookies will have a negative impact upon the usability of many websites.

12.3 If you block cookies, you will not be able to use all the features on our Website.

13. Our Details

13.1 This Website, and all sites listed at the top of this page, is/are owned and operated by Novelty Factor LLC.

13.2 We are registered in Fort Collins, Laramie County, Colorado, United State of America as a Limited Liability Company, and our registered office is at 155 E. Boardwalk Dr. #471, Fort Collins, CO 80525, United States.

13.3 You can contact us:

(a) By post, to the postal address given above;

(b) Using our website contact form at https://noveltyfactor.com/contact/;

14. Data Protection Officer

14.1 Our data protection officer’s contact details are: Asher Wolfstein (asher@noveltyfactor.com)


Automattic’s WordPress Jetpack Details

Novelty Factor LLC uses the WordPress content management system for many of its online Websites and properties. The Jetpack software pack operates in such a way that personal data may be collected as outlined above in the overall Privacy Policy. This section provides additional detailed information as to what sort of data is collected by the Jetpack software on the Website. For up-to-date information about these features please see https://jetpack.com/support/for-your-privacy-policy/ as this document is provided as a duplicate for your convenience.

Table Of Contents (Jetpack Features)

Activity

This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.

Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.

Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).

Data Synced (?): Successful and failed login attempts, which will include the actor’s IP address and user agent.


Ads

This feature is not currently employed on any Novelty Factor LLC online properties.

Data Used: The following information (made available from the visitor’s browser) is collected and sent to Automattic’s Demand Partners: IP address, geographical data (derived from the IP address), user agent, operating system, device type, unique user ID (randomly generated identifier), current URL, and IAB (Interactive Advertising Bureau) interest category. Log data (IP address, geographical data, user agent, operating system, device type) is stored for 30 days. The unique user ID is stored in cookies and is retained for 1 year.

Activity Tracked: Ad impressions, video-related events (i.e. pause, mute, 100% plays, etc.) or errors, and ad click events. Various cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform stats.


This feature is not currently employed on any Novelty Factor LLC online properties.

Data Used: If image view tracking is enabled, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Image views.


Comment Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.

Activity Tracked: Comment likes.


Contact Form

Data Used: If Akismet is enabled on the site, the contact form submission data — IP address, user agent, name, email address, website, and message — is submitted to the Akismet service (also owned by Automattic) for the sole purpose of spam checking. The actual submission data is stored in the database of the site on which it was submitted and is emailed directly to the owner of the form (i.e. the site author who published the page on which the contact form resides). This email will include the submitter’s IP address, timestamp, name, email address, website, and message.

Data Synced (?): Post and post meta data associated with a user’s contact form submission. If Akismet is enabled on the site, the IP address and user agent originally submitted with the comment are synced, as well, as they are stored in post meta.


Google Analytics

Data Used: Please refer to the appropriate Google Analytics documentation for the specific type of data it collects. For sites running WooCommerce (also owned by Automattic) and this feature simultaneously and having all purchase tracking explicitly enabled, purchase events will send Google Analytics the following information: order number, product id and name, product category, total cost, and quantity of items purchased. Google Analytics does offer IP anonymization, which can be enabled by the site owner.

Activity Tracked: This feature sends page view events (and potentially video play events) over to Google Analytics for consumption. For sites running WooCommerce-powered stores, some additional events are also sent to Google Analytics: shopping cart additions and removals, product listing views and clicks, product detail views, and purchases. Tracking for each specific WooCommerce event needs to be enabled by the site owner.


Gravatar Hovercards

Data Used: This feature will send a hash of the user’s email address (if logged in to the site or WordPress.com — or if they submitted a comment on the site using their email address that is attached to an active Gravatar profile) to the Gravatar service (also owned by Automattic) in order to retrieve their profile image.


Infinite Scroll

Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.


Jetpack Comments

Data Used: Commenter’s name, email address, and site URL (if provided via the comment form), timestamp, and IP address. Additionally, a jetpack.wordpress.com IFrame receives the following data: WordPress.com blog ID attached to the site, ID of the post on which the comment is being submitted, commenter’s local user ID (if available), commenter’s local username (if available), commenter’s site URL (if available), MD5 hash of the commenter’s email address (if available), and the comment content. If Akismet (also owned by Automattic) is enabled on the site, the following information is sent to the service for the sole purpose of spam checking: commenter’s name, email address, site URL, IP address, and user agent.

Activity Tracked: The comment author’s name, email address, and site URL (if provided during the comment submission) are stored in cookies. Learn more about these cookies.

Data Synced (?): All data and metadata (see above) associated with comments. This includes the status of the comment and, if Akismet is enabled on the site, whether or not it was classified as spam by Akismet.


Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.

Activity Tracked: Post likes.


Mobile Theme

Data Used: A visitor’s preference on viewing the mobile version of a site.

Activity Tracked: A cookie (akm_mobile) is stored for 3.5 days to remember whether or not a visitor of the site wishes to view its mobile version. Learn more about this cookie.


Notifications

This feature is only accessible to registered users of the Website who are logged in to WordPress.com.

Data Used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Some visitor-related information or activity may be sent to the site owner via this feature. This may include: email address, WordPress.com username, site URL, email address, comment content, follow actions, etc.

Activity Tracked: Sending notifications (i.e. when we send a notification to a particular user), opening notifications (i.e. when a user opens a notification that they receive), performing an action from within the notification panel (e.g. liking a comment or marking a comment as spam), and clicking on any link from within the notification panel/interface.


Protect

Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.

Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.

Data Synced (?): Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.


This feature is not currently employed on any Novelty Factor LLC online properties.

Data Used: Any of the visitor-chosen search filters and query data in order to process a search request on the WordPress.com servers.


Sharing

Data Used: When official sharing buttons are active on the site, each button loads content directly from its service in order to display the button as well as information and tools for the sharing party. As a result, each service can in turn collect information about the sharing party. When a non-official Facebook or a Pinterest sharing button is active on the site, information such as the sharing party’s IP address as well as the page URL will be available for each service, so sharing counts can be displayed next to the button. When sharing content via email (this option is only available if Akismet is active on the site), the following information is used: sharing party’s name and email address (if the user is logged in, this information will be pulled directly from their account), IP address (for spam checking), user agent (for spam checking), and email body/content. This content will be sent to Akismet (also owned by Automattic) so that a spam check can be performed. Additionally, if reCAPTCHA (by Google) is enabled by the site owner, the sharing party’s IP address will be shared with that service. You can find Google’s privacy policy here.


Simple Payments

This feature is not currently employed on any Novelty Factor LLC online properties.

Data Used: Transaction amount, transaction currency code, product title, product price, product ID, order quantity, PayPal payer ID, and PayPal transaction ID.

Activity Tracked: The PayPal payer ID, transaction ID, and HTTP referrer are sent with a payment completion tracking event that is attached to the site owner.

Data Synced (?): PayPal transaction ID, PayPal transaction status, PayPal product ID, quantity, price, customer email address, currency, and payment button CTA text.

Because payments are processed by PayPal, we recommend reviewing its privacy policy.


Subscriptions

Data Used: To initiate and process subscriptions, the following information is used: subscriber’s email address and the ID of the post or comment (depending on the specific subscription being processed). In the event of a new subscription being initiated, we also collect some basic server data, including all of the subscribing user’s HTTP request headers, the IP address from which the subscribing user is viewing the page, and the URI which was given in order to access the page (REQUEST_URI and DOCUMENT_URI). This server data used for the exclusive purpose of monitoring and preventing abuse and spam.

Activity Tracked: Functionality cookies are set for a duration of 347 days to remember a visitor’s blog and post subscription choices if, in fact, they have an active subscription.


Video Hosting

Data Used: For video play tracking via WordPress.com Stats, the following information is used: viewer’s IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. If Google Analytics is enabled, video play events will be sent there, as well.

Activity Tracked: Video plays.


WooCommerce Services

Data Used: For payments with PayPal or Stripe: purchase total, currency, billing information. For taxes: the value of goods in the cart, value of shipping, destination address. For checkout rates: destination address, purchased product IDs, dimensions, weight, and quantities. For shipping labels: customer’s name, address as well as the dimensions, weight, and quantities of purchased products.

Data Synced (?): For payments, we send the purchase total, currency and customer’s billing information to the respective payment processor. Please see the respective third party’s privacy policy (Stripe’s Privacy Policy and PayPal’s Privacy Policy) for more details. For automated taxes we send the value of goods in the cart, the value of shipping, and the destination address to TaxJar. Please see TaxJar’s Privacy Policy for details about how they handle this information. For checkout rates we send the destination ZIP/postal code and purchased product dimensions, weight and quantities to USPS or Canada Post, depending on the service used. For shipping labels we send the customer’s name, address as well as the dimensions, weight, and quantities of purchased products to EasyPost. We also store the purchased shipping labels on our server to make it easy to reprint them and handle support requests.


Anti-Spam Policy

Table Of Contents

  1. Introduction
  2. Credit
  3. Spam Filtering
  4. Spam Filtering Issues
  5. User Spam
  6. Receipt Of Unwanted Messages From Us
  7. Variation
  8. Our Details

1. Introduction

1.1 In the context of electronic messaging, “spam” means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

1.2 We have a zero-tolerance spam policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (https://www.contractology.com).

3. Spam Filtering

3.1 Our messaging systems automatically scan all incoming email and other messages (comments) and filter out messages that appear to be spam.

3.2 We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.

4. Spam Filtering Issues

4.1 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.

4.2 If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.

4.3 You can reduce the risk of a message being caught by the spam filters by:

(a) Sending the message in plain text (instead of, or in addition to, HTML);

(b) Removing any message attachments;

(c) Avoiding the terminology and text styling typically used by spammers; and/or

(d) Ensuring that your messages are scanned for malware before dispatch.

5. User Spam

5.1 We provide a facility that enables users to send email messages and private messages to others.

5.2 Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.

5.3 Full provisions concerning the use of our messaging facility are set out in our Website Terms And Conditions of use.

6. Receipt Of Unwanted Messages From Us

6.1 In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

7. Variation

7.1 We may amend this policy at any time by publishing a new version on our website.

8. Our Details

8.1 This Website, and all sites listed at the top of this page, is/are owned and operated by Novelty Factor LLC.

8.2 We are registered in Fort Collins, Laramie County, Colorado, United State of America as a Limited Liability Company, and our registered office is at 155 E. Boardwalk Dr. #471, Fort Collins, CO 80525, United States.

8.3 You can contact us:

(a) By post, to the postal address given above;

(b) Using our website contact form at https://noveltyfactor.com/contact/;

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